BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 1011|
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THIRD READING
Bill No: SB 1011
Author: Calderon (D), et al
Amended: 4/20/10
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 4/13/10
AYES: Leno, Cogdill, Cedillo, Hancock, Huff, Steinberg,
Wright
SUBJECT : 911 Calls in alcohol overdose cases: immunity
from
prosecution for underage drinkers
SOURCE : Author
DIGEST : This bill provides that where a person under the
age of 21 years calls 911 to obtain emergency medical
assistance for another young person who is suffering from
alcohol overdose, the young person who sought assistance
shall be immune from prosecution for purchasing alcohol or
possessing alcohol in a public place if (a) the young
person was the first caller to 911; (b) the person
identified himself/herself; and (c) the person remained at
the scene and cooperated with medical personnel and law
enforcement responders.
ANALYSIS :
Existing law provides that any person under the age of 21
CONTINUED
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years who attempts to purchase any alcoholic beverage from
a licensee, or the licensee's agent or employee, is guilty
of an infraction and shall be punished by a fine of not
more than $250, or the person shall be required to perform
not less than 24 hours or more than 32 hours of community
service during hours when the person is not employed or is
not attending school, or a combination of fine and
community service. A second or subsequent violation shall
be a fine of not more than $500 plus penalty assessments
and 36-48 hours of community service. These penalties do
not preclude prosecution or punishment under any other
provision of law. (Business & Profession Code Section
25658.5.)
Existing law provides that any person under the age of 21
years who presents or offers to any licensee, his/her agent
or employee, any written, printed, or photostatic evidence
of age and identity which is false, fraudulent or not
actually his/her own for the purpose of ordering,
purchasing, attempting to purchase or otherwise procuring
or attempting to procure, the serving of any alcoholic
beverage, or who has in his/her possession any false or
fraudulent written, printed, or photostatic evidence of age
and identity, is guilty of a misdemeanor and shall be
punished by a fine of at least $250, no part of which shall
be suspended; or the person shall be required to perform
between 24 and 32 hours of community service during hours
when the person is not employed and is not attending
school, or a combination of fine and community service. A
second or subsequent violation of this section shall be
punished by a fine of not more than $500 plus penalty
assessments, or the person shall be required to perform
between 36 and 48 hours of community service, or a
combination of fine and community service. These penalties
do not preclude prosecution or punishment under any other
provision of law. (Business & Profession Code Section
25661.)
Existing law provides that any person under the age of 21
who has any alcoholic beverage in his/her possession on any
street or highway or in any public place or in any place
open to the public is guilty of a misdemeanor and shall be
punished by a fine of $250 or the person shall be required
to perform not less than 24 hours or more than 32 hours of
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community service during hours when the person is not
employed or is not attending school. A second and
subsequent violation shall be punishable as a misdemeanor
and the person shall be fined not more than $500 or
required to perform between 36 and 48 hours of community
service during hours when the person is not employed or is
not attending school or a combination of fine and community
service. These penalties do not preclude prosecution or
punishment under any other provision of law. (Business &
Profession Code Section 25662.)
This bill grants immunity from prosecution under
subdivision (b) of Section 25662 and Section 25658, for a
person under the age of 21 years where all of the following
occurred:
1.The person called 911 and reported that another person
was in need of medical assistance due to alcohol
consumption.
2.He/she gave his/her name to the 911 operator.
3.He/she was the first person to make the 911 call.
4.The person remained with the underage person in need of
medical assistance until that assistance arrived.
5.The person cooperated with medical assistance and law
enforcement personnel on the scene.
This bill provides that enhanced penalties for repeated
acts of purchasing or possessing alcoholic beverages by a
person under the age of 21 shall not be imposed based on
prior violations if the defendant, on the prior occasion,
was not subject to prosecution because he or she called 911
for an underage drinker and qualified for the protections
provided in this bill.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 4/20/10)
California Professional Firefighters
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Emergency Medical Services Administrators Association of
California
ARGUMENTS IN SUPPORT : According to the author's office,
this bill will protect underage drinkers from punishment
when they call law enforcement or emergency medical
services in order to save a fellow drinker in need of
emergency care.
Binge drinking is a deadly phenomenon among college-aged
and under-aged drinkers that results in thousands of deaths
every year. Alcohol poisoning is often the result of binge
drinking and can result in death. This death is often
preventable when medical authorities are able to intervene
in a timely manner. Unfortunately, many times friends of
the person suffering from alcohol poisoning are unwilling
to call 911 for help because they are underage and fear
prosecution as underage drinkers. This has resulted in
preventable deaths and mental anguish of both the victim's
family and their friends.
Bills to grant immunity to underage drinkers when they call
911 in order to save a friend are not new. Several states
have similar laws on the books including Colorado, New
Jersey and Texas. The first state to pass an immunity law
was Colorado in 2005 after a particularly deadly summer in
2004 in which several youths died as the result of binge
drinking.
In many cases people suffering from alcohol poisoning or
the resulting symptoms can be saved when medical assistance
is delivered in a timely manner. Unfortunately too many
youngsters die unnecessarily while their friends agonize
over whether to call 911 or to attempt to revive the victim
themselves to avoid being punished for their own underage
drinking. This bill relieves youngsters of this decision
and grants immunity to an underage drinker that calls in
good faith in order to save another person's life. Similar
laws have been passed in other States with positive
results.
The California Professional Firefighters argue in support,
"In many cases, people suffering from alcohol poisoning or
the resulting symptoms can be saved when medical assistance
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is delivered in a timely manner. Unfortunately too many
youngsters die unnecessarily while their friends agonize
over whether to call 911 to avoid being punished for their
own underage drinking. SB 1011 would relieve youngsters of
this decision by granting immunity to an underage drinker
who calls law enforcement in good faith in order to save
another person's life."
RJG:do 4/20/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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